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Sotah 31

SOTAH 31-35 - These Dafim have been dedicated by Mrs. Estanne Abraham-Fauer in honor of the first Yahrzeit (18 Teves 5761) of her father, Reb Mordechai ben Eliezer Zvi (Weiner). May the merit of supporting and advancing the study of the Talmud be l'Iluy Nishmaso.

1) [line 1] "B'MAKHELOS BARECHU ELOKIM, HASH-M, MI'MEKOR YISRAEL." - "In congregations bless Elokim, [bless] HaSh-m from the source of [life (womb) of] Israel." (Tehilim 68:27)

2) [line 3] ASPAKLARYA HA'ME'IRAH - a cut lens that allows bright light to shine through

3) [line 8, 9] "B'CHOL TZAROSAM, LO TZAR, U'MAL'ACH PANAV HOSHI'AM, [B'AHAVASO UV'CHEMLASO HU GE'ALAM; VA'YENATLEM VA'YENAS'EM KOL YEMEI OLAM.]" - "In all their affliction, He was afflicted, and the angel of His presence saved them; in His love and in His pity He redeemed them; and He bore them, and carried them all the days of old." (Yeshayah 63:9)

4) [line 19] TALUY - [his merit] is present, effective (lit. suspended) [to protect his descendents]

5) [line 25] AKARYUN B'CHELMAI - they read to me in my dream (i.e. a message was sent to me from Heaven)

6) [line 27] "V'YISMECHU CHOL CHOSEI VACH, L'OLAM YERANENU, [V'SASECH ALEIMO]; V'YA'LETZU VECHA OHAVEI SHEMECHA." - "And all who take refuge in You will rejoice, forever they will sing joyously, and You will shelter them; and those who love Your Name will exult in You." (Tehilim 5:12)

*****PEREK #6 MI SHE'KINEI*****

7) [line 33] OF HA'PORE'ACH - (lit. a bird in flight) spread by rumor; heard through the "grapevine" (Tosfos); testimony of a single witness, even a slave (Rashi); a talking bird (Rambam; Rashash suggests he is referring to a parrot)

8) [line 34] SHE'YIS'U V'YITNU BAH MOZAROS BA'LEVANAH - when the women who spin linen thread outside in the moonlight gossip about her (i.e. when her guilt is very well-known)

9a) [line 38] CHAMOSAH - her mother-in-law
b) [line 39] TZARASAH - her husband's second wife
c) [line 39] YEVIMTAH - her husband's brother's wife (who would become her husband's second wife if her husband's brother dies childless)

10) [line 41] SHE'HAYAH B'DIN - for we could have learned from a Kal v'Chomer
11a) [line 41] EDUS HA'RISHONAH - the testimony that she went into seclusion with the Bo'el (Stirah)
b) [line 43] EDUS HA'ACHARONAH - the testimony that she sinned with the Bo'el

12) [line 46] "V'ED EIN BAH" - "and there is no witness (i.e. a pair of witnesses) [to testify] against her" (Bamidbar 5:13)


13) [line 20] KA MAKCHISH LEI - he contradicts him
14) [line 24] "LO YAKUM ED ECHAD B'ISH [L'CHOL AVON UL'CHOL CHATAS B'CHOL CHET ASHER YECHETA; AL PI SHENEI EDIM O AL PI SHELOSHAH EDIM YAKUM DAVAR.]" - "One witness shall not rise up against a man [for any iniquity, or for any sin, in any sin that he may commit; according to two witnesses or three witnesses, shall the matter be established.]" (Devarim 19:15)

15) [line 26] BANAH AV (BINYAN AV)
In the Introduction to the Sifra (the Halachic Midrash to Vayikra), Rebbi Yishmael lists thirteen methods that Chazal use for extracting the Halachah from the verses of the Torah. One of them is called Binyan Av. A Binyan Av (lit. "building through a father," -- father in this sense means a Biblical source), is a rule of Biblical interpretation in which one subject is deemed a prototype in order to apply a Halachah stated in that subject to other comparable subjects.

16) [line 29] "...V'HI LO NISPASAH." - "...and she was not seized." (Bamidbar 5:13)

(a) Although the Torah requires two witnesses to prove a fact in Beis Din, there are three places where a single witness suffices to provide evidence: 1. to prove that a Safek Sotah was unfaithful to her husband after the steps of Kinuy and Stirah have taken place (our Sugya); 2. to prove the identity of a killer in order to exempt the city closest to a disclosed corpse from bringing an Eglah Arufah (Sotah 47a, see Background to Sotah 8:9); 3. in order to testify that a woman's husband died so that she may be able to remarry (Yevamos 117b). (It is not clear whether this latter case is mid'Oraisa or mid'Rabanan; see Insights to Yevamos 88:1.)
(b) In all of these places the witness does not have to be a male who is fit to testify; a woman or a slave who are generally Pesulim l'Edus may also testify.
(c) If one witness testifies and is contradicted by another single witness, we do not consider the case a Safek. Rather, the first witness is believed, because "any place where one witness is believed he has the authority of two witnesses" with regard to refuting the testimony of the witness who follows him.
(d) If the single witness is contradicted by more than a single witness, sometimes we decide in favor of those who contradict him because they are the majority. See Yevamos Chart #26).

18a) [line 37] B'VAS ACHAS - (lit. at the same time) "Toch Kedei Dibur" of the first testimony
b) [line 37] B'ZEH ACHAR ZEH - more than "Kedei Dibur" of the first testimony
c) [line 37] B'VAS ACHAS / B'ZEH ACHAR ZEH (TOCH KEDEI DIBUR K'DIBUR DAMI) "Toch Kedei Dibur" is the length of time that it takes for a student to say a greeting to his teacher (e.g. "Shalom Alecha Rebbi"). "K'dibur Dami" means that within this small amount of time, we view an act or speech as not yet completed and still continuing. Thus, even though the person has, with regard to his actions, already stopped performing the act, within this amount of time he may act or say something that will abrogate his previous actions or words. For example, if a person sells an object and changes his mind within Toch Kedei Dibur, the sale is nullified.

19) [line 44] PESULEI EDUS - the people who are disqualified to judge or to give testimony (see Rosh Hashanah 22a)

20) [line 46] ROV DE'OS - the majority of opinions

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